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Proviso.

owners, or deposited with the said court, shall entitle the said company to the estate and interest in the same thus valued, as Perfection of ti- if it had been conveved by the owner or owners thereof in fee simple: Provided, That it shall not be lawful for any such jury of inquest to proceed in the valuation of any such property or material in the absence of the owner or owners thereof, his, her, or their legal representatives, unless it be made to appear, by affidavit, that such owner or owners have had at least five days notice of the time and place of meeting, for the purpose of making such valuation, or unless it shall in like manner be shown that such owner or owners are absent from the county, and if such owner or owners are under age, or non compos mentis, the service of notice upon the guardian or trustee, (if there be any) or their absence from the county shall be required to be established by affidavit to the said jurors, before they shall proceed to make such valuation: Provided further, That in case of such disagreement, the company shall not take possession of any land or material, until said jury shall have first decided that the taking thereof is necessary, and in the case of materials that the same are not essentially necessary to the owner or owners thereof, for his, her, or their private and prop

Shares personal property.

er use.

SEC. 9. The shares of stock of the corporation shall be deemed personal property, and every person becoming a shareholder by transfer, purchase, or otherwise, of shares of said stock, shall succeed to all the rights and liabilities of the prior holder of said share or shares, and the said shares shall be liable to be taken in execution for the payment of the debts of their owners in such manner as is or may be provided by law: Provided, That all debts due said company shall be first paid. Whenever the route of said road follows the line of any public highway, the said company shall not take possession of the said highway until the commissioners of highways for the town through which it passes shall have given their written consent, which shall be recorded in the town Clerk's office, or if the said commissioners refuse to give their consent, the damages to the town shall be appraised or ascertained as in the case of how appraised private property, and the amount so appraised for each highway so taken, shall be paid to the said commissioners of the town to which it belongs, to be by them applied in improving the roads in such town.

Public damages,

SEC. 10. The directors may erect toll-gates and exact toll from persons travelling on their road, whenever two consecutive miles are finished, or when the whole road is completed. not exceeding two cents a mile for every vehicle, sled, sleigh. or carriage drawn by two animals, and if drawn by more than

two animals, one cent a mile for every additional animal. For every vehicle, sled, sleigh or carriage drawn by one animal, one Rates of Toll, cent a mile. For every score of sheep or swine three cents a mile, and for every score of neat cattle four cents a mile; Provided, That persons going to and returning from military pa. rade, at which they are required by law to attend, and persons Proviso. going to or returning from funerals, shall be exempt from toll, and no toll shall be exacted of any person or persons while actually going to or returning from any religious meeting on Sunday.

SEC. 11. If any person shall wilfully and knowingly obstruct, break, injure, or destroy the plank road so to be constructed by said company, or any part thereof, or any work, building or fixture attached to, or in use upon the same, belonging to said company, such person or persons so offending shall each of them, for every such offence be liable in a civil suit for the recovery of damages by said company, by an action of Penalty for wildebt, in any court having competent jurisdiction in the county wherein the offence shall have been committed, and shall also be subject to indictment and upon conviction shall be punished by fine and imprisonment, or either, at the discretion of the

court.

ful injury.

increased.

SEC. 12. The directors of said company at any annual or special meeting of the stockholders, with the consent of a majority of amount of such stockholders, provide for such in-Stock may be crease of the capital stock of said company as may be found necessary to complete said road, in such sections as may have been actually commenced but remain in an unfinished state for want of means for completing the same.

SEC. 13. If said company shall violate any of the privile ges hereby granted, the legislature of the State of Wisconsin may resume all and singular the rights and privileges vested in said company by this act.

SEC. 14. Said company shall be liable for all damages that may be sustained by any person or persons in consequence of Liability the omission or neglect to keep said road in good repair and condition.

SEC. 15. This act may be altered or amended by any fu ture Legislature of the State of Wisconsin.

GEO. H. WALKER,

Speaker of the Assenbly pro tempore.
SAMUEL W. BEALL,

Lt. Governor and President of the Senate.

Approved, February 27th, 1851.

NELSON DEWEY.

Chap. 112

An Act to change the name of Sarah Rape, to Sarah Vroman...

T

The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows:

SECTION 1. The name of Sarah Rape is hereby changed to Sarah Vroman.

SEC. 2. This law shall take effect from and after its passage.
GEO. H. WALKER,

Speaker of the Assembly pro tempore.
SAMUEL W. BEALL,

Lt. Governor and President of the Senate.

Approved, February 27th, 1851.

NELSON DEWEY.

Chap. 113 An Act to amend an act entitled "an Act to incorporate the Wisconsin Bridge Com

Proviso.

pany.

The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section four (4) of the act to which this is amendatory, is hereby amended by striking out the words "range six (6)" when they occur in said section and inserting the words "range seven (7).”

SEC. 2. Section five (5) of said bill is hereby amended so as to authorise said company to construct said bridge of the height of thirty feet or less: Provided, That if it be constructed of a height less than thirty feet, said company shall con struct and attend a suitable draw in said bridge so as to permit the free passage of boats and rafts at all times without unnec essary delay.

SEC. 3. The said company shall not by the erection of any Channel to be abutment or pier in said bridge divert the water from its natu ral channel.

preserved.

"

GEO. H. WALKER,

Speaker of the Assembly pro tempore. SAMUEL W. BEALL,

Lt. Governor and President of the Senate.

Approved February 27th, 1851.

NELSON DEWEY.

Chap. 114

[An Act to extend the Eastern boundary of Portage County.`

The People of the State of Wisconsin represented in Senate and Assembly do enact as follows:

SECTION 1. Towns twenty.one, twenty-two, twenty-three, twenty-four and twenty-five of range ten east are hereby an

nexed to and shall hereafter form a part of Portage county for

all purposes whatever.

GEO. H. WALKER,

Speaker of the Assembly pro tempore.
SAMUEL W. BEALL,

Lt. Governor and President of the Senate.

Approved, February 27th, 1851.

NELSON DEWEY.

An Act to apportion to the counties of Marquette and St. Croix their proportion of Chap. 115

the income of the school fund.

The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows:

SECTION 1. The State Superintendent is hereby directed to apportion to the counties of Marquette and St. Croix, such proportions of the income of the school fund as they would be respectively entitled to according to the reported number of children in each, over the age of four and under the age of twenty years, whenever the Clerks of the Boards of Supervisors of said counties shall file in his office a certified statement that the amounts required by law to be raised for school purposes, have been directed to be raised during the past year, by the Board of Supervisors of said counties: Provided, that Proviso. such certificates shall be so filed on or before the first day of May next.

GEO. H. WALKER,

Speaker of the Assembly pro tempore.
SAMUEL W. BEALL,

Lt. Governor and President of the Senate.

Approved, February 27, 1851.

NELSON DEWEY.

An Act to legalize the organization and acts of School District No. four in the town of Plymouth, Roek county.

Clerks to file
Statement.

Chap. 116. The People of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. The act of the Superintendents of common
schools of the towns of Plymouth and Newark in the county of
Rock in forming and establishing school district number four in
the said town of Plymouth, and the organization of said school dis-
trict be, and the same are hereby declared to be legal and valid.
SEC. 2. This act shall take effect and be in force from and
after its passage.
GEO. H. WALKER,

Speaker of the Assembly, pro tempore.
SAMUEL W. BEALL,

Lt. Governer and President of the Senate.
Approved February 27, 1851. NELSON DEWEY.

Chap. 117 An Act to legalize the organization and acts of school district Number two, in the

town of Newark, in Rock County.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows :

SECTION 1. The act of the superintendents of common. schools of the towns of Newark and Plymouth, in the County of Rock, in forming and establishing school district Number two, in the said town of Newark, and the organization of the said school district, be, and the same are hereby declared to be legal and valid.

SEC 2.

This act shall take effect and shall be in force from

and after its passage.

GEO. H. WALKER,

Speaker of the Assembly pro tempore. SAMUEL W. BEALL,

Lt. Governor and President of the Senate.

Approved, February 27, 1851.

NELSON DEWEY.

Chap. 118

Chap. 119

An Act to amend an act entitled an act to incorporate the Sheboygan and Mayville
Plank Road Company.

The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows:

SECTION 1. That section one of chapter two hundred and one of the session laws of one thousand eight hundred and fifty be so amended as to include the names of A. P. Lyman, J. Č. Shadbolt, James Preston, and Patrick Donaher, after the name of S. G. Picket in the list of Commissioners.

GEO. H. WALKER,

Speaker of the Assembly, pro tempore. SAMUEL W. BEALL,

"Lt. Governor and President of the Senate.

Approved February 27th, 1851.

NELSON DEWEY.

An Act to lay out and establish'a State road therein described.

The People of the State of Wisconsin represented in Senate and Assembly, do enact as follows:

SECTION 1. That Daniel K. Butler, Martin Read and John Collins are hereby authorised to lay out and establish a State road, commencing at the village of Madison, running near Farwell's mills by the most practicable route to the bridge across the Catfish on the south-east quarter of section twenty-two (22) in the town of Westport in the county of Dane, thence north through Lodi, Columbia county, to Matt's ferry on the Wiscon

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